

In the weeks leading up to the birth of a child and the months following, you and your family should be overjoyed. The last thing you should be worried about is job security or how you’ll be treated at work. Despite the laws in place to prevent it, many people face discrimination during leave. If you’ve been harassed or treated unfairly during family leave, a Bellflower maternity & paternity leave discrimination lawyer can represent you.
At Briana Kim, PC, we focus exclusively on employment law. We fight for employees who are mistreated, harassed, and discriminated against in the workplace. You aren’t just another case when you work with Briana Kim, PC. We treat you like a human being, and we work hard to make sure your case succeeds. Our firm has the resources and passion to fight for you.
Briana Kim can put her knowledge and experience to work in your maternity leave discrimination case, providing you with the attentive representation you deserve.
Discrimination during maternity and paternity leave can take many forms. It can go beyond the obvious, such as firing or docking pay. This unfair treatment can include demotion, harassment, or giving worse assignments when the employee returns. In short, an employer cannot punish you or put you at any sort of disadvantage for requesting or taking maternity or paternity leave.
Paternity leave laws don’t just protect workers from direct harassment or punishment; they also safeguard them from indirect discrimination. This can include:
In 2023, 90% of workers in the U.S. had access to maternity and paternity leave. However, just because employees had access to leave, that doesn’t mean they didn’t face discrimination for taking it. That’s where a maternity & paternity discrimination attorney can come in. They can help you by doing the following:
Keep in mind that pregnancy and family leave laws don’t just protect mothers. In fact, men accounted for 45% of bonding leave claims in 2024. For both mothers and fathers, working with an experienced Bellflower maternity & paternity leave discrimination attorney can be essential when facing mistreatment at work.
Employees in California are covered by both state and federal laws regarding maternity or paternity leave. The state’s Pregnancy Disability Leave law provides up to four months of leave for employees suffering a disability related to pregnancy or childbirth. Similarly, the California Family Rights Act gives 12 weeks of leave to expectant and new mothers and fathers.
Federally, the Family and Medical Leave Act protects an employee’s job for up to 12 weeks within a 12-month period for childbirth or bonding with an adopted child. To qualify for FMLA leave, you must have worked 1,250 hours within the past year, and your company must employ at least 50 people within a 75-mile radius.
Pregnancy discrimination settlements can vary widely, ranging from a few thousand dollars to possibly hundreds of thousands. The settlement offer you receive will depend largely on the damages you suffered and how the discrimination affected your life. How you were discriminated against can also impact the settlement, with some forms of discrimination carrying greater weight than others.
Examples of discrimination while on maternity leave include being fired, demoted, or denied promotion. While you’re on leave, your job is protected. When you return to work, you are to be reinstated to your same position or a comparable one, and you cannot face disciplinary action for being away. Similarly, you are entitled to any bonuses or benefits that other employees received during your leave.
One example of indirect discrimination regarding pregnancy is setting mandatory training or professional development during an employee’s leave without giving reasonable alternatives. While this does not directly target a pregnant employee or someone on maternity or paternity leave, it puts them at an unfair disadvantage compared to their coworkers. Similarly, setting mandatory attendance policies to qualify for bonuses can also be indirect discrimination.
Maternity discrimination generally covers you from the time pregnancy begins through the end of your leave, which can be up to 12 weeks under the FMLA. If your employer guarantees leave beyond that time, you’re still covered for the duration of that policy. However, other discrimination laws provide you with protections beyond that timeframe.
Whether you’re being denied leave you’re entitled to, harassed while away from work, or punished upon return, a pregnancy discrimination attorney can fight for you. Hire a maternity & paternity leave discrimination lawyer to collect evidence of your mistreatment and represent you in negotiations or the courtroom. Contact The Law Office of Briana Kim today to discuss your case and learn more about your options following discrimination in the workplace.
249 East Ocean Blvd, Ste 814
Long Beach, CA 90802
6 Centerpointe Dr, Ste 700,
La Palma, CA 90623